Aldwych Legal acts for Sophie Clarke, a 10-year-old pupil, whose parents instructed us after she tripped in a water-filled pothole in the playground of a London primary school, requiring advice from personal injury solicitors in London, fracturing her leg. The matter concerns a civil personal injury claim arising from a breach of the school’s duty of care to a vulnerable child.
What Happened
On a routine school day in London, Sophie wandered onto the junior play area where a pothole was hidden beneath a pool of water. She lost her footing, fell and fractured her leg. The nearest member of staff arrived only after a notable delay, and first aid was not administered in accordance with approved guidelines. Ambulance services were not called promptly, adding to the distress.
The injury caused significant pain and shock. Sophie required hospital assessment and ongoing physiotherapy, and she missed six weeks of school. Her parents had to take several weeks off work to care for her during the recovery.
An internal review and medical reports highlighted the hazard and the school’s duty of care to its pupils. An inspection of the premises confirmed the pothole hazard that had not been properly addressed nor a timely response ensured.
Legal Issues
- The school owed a duty of care to Sophie Clarke as a pupil, and the presence of a hidden hazard in the play area constituted a breach.
- The delay in providing first aid and in calling emergency services breached the school’s health and safety obligations and contributed to the injury and its impact.
- Causation between the fall and Sophie’s fractures and resulting losses (medical costs, time off school, care) is alleged.
- Potential liability of the school and the recoverable damages under civil law and the Pre-Action Protocol.
Our Approach
We pursued comprehensive pre-action steps under the Personal Injury Pre-Action Protocol, arranging medical assessments for Sophie and an independent premises inspection. We maintained clear correspondence with the school and its insurer throughout the process.
Expert evidence was obtained from a paediatric physician and a health-and-safety expert to substantiate the breach of duty and its impact on Sophie. We sought a practical settlement to avoid court proceedings, supported by a CPR timeline and proposals for remedy and costs.
Outcome
A settlement was reached with the school, with the school accepting breach of duty and liability for the injuries. The arrangement provides compensation for medical costs, ongoing care and support, and has the added benefit of improving playground safety to prevent recurrence.
Result / Why It Matters
This case illustrates Aldwych Legal’s expertise in school accident and child personal injury claims, guiding families through Pre-Action Protocols, securing fair compensation, and driving safety improvements in school premises.
